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90_HB0494
775 ILCS 5/2-105 from Ch. 68, par. 2-105
Amends the Illinois Human Rights Act. Requires each
State agency to which the equal employment opportunity and
affirmative action provisions of the Act apply to make
adverse impact determinations in accordance with rules
adopted by the Department of Human Rights before effecting
any layoffs. Provides that layoffs of individuals in a
category determined by the Department for affirmative action
purposes shall not occur if a determination is made that the
layoffs would have an adverse impact on the percentage of
individuals in that category in the agency's work force.
Provides that the State agency equal employment opportunity
and affirmative action provisions of the Act apply to the
offices of the Governor, Lieutenant Governor, Attorney
General, Secretary of State, State Comptroller, and State
Treasurer. Effective immediately.
LRB9000844WHmgA
LRB9000844WHmgA
1 AN ACT to amend the Illinois Human Rights Act by changing
2 Section 2-105.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Human Rights Act is amended by
6 changing Section 2-105 as follows:
7 (775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
8 Sec. 2-105. Equal Employment Opportunities; Affirmative
9 Action.
10 (A) Public Contracts. Every party to a public contract
11 and every eligible bidder shall:
12 (1) Refrain from unlawful discrimination and
13 discrimination based on citizenship status in employment
14 and undertake affirmative action to assure equality of
15 employment opportunity and eliminate the effects of past
16 discrimination;
17 (2) Comply with the procedures and requirements of
18 the Department's regulations concerning equal employment
19 opportunities and affirmative action;
20 (3) Provide such information, with respect to its
21 employees and applicants for employment, and assistance
22 as the Department may reasonably request;
23 (4) Have written sexual harassment policies that
24 shall include, at a minimum, the following information:
25 (i) the illegality of sexual harassment; (ii) the
26 definition of sexual harassment under State law; (iii) a
27 description of sexual harassment, utilizing examples;
28 (iv) the vendor's internal complaint process including
29 penalties; (v) the legal recourse, investigative and
30 complaint process available through the Department and
31 the Commission; (vi) directions on how to contact the
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1 Department and Commission; and (vii) protection against
2 retaliation as provided by Section 6-101 of this Act. A
3 copy of the policies shall be provided to the Department
4 upon request.
5 (B) State Agencies. Every State executive department,
6 State agency, board, commission, and instrumentality
7 (including the offices of the Governor, Lieutenant Governor,
8 Attorney General, Secretary of State, State Comptroller, and
9 State Treasurer) shall:
10 (1) Comply with the procedures and requirements of
11 the Department's regulations concerning equal employment
12 opportunities and affirmative action;
13 (2) Provide such information and assistance as the
14 Department may request.
15 (3) Establish, maintain, and carry out a continuing
16 affirmative action plan consistent with this Act and the
17 regulations of the Department designed to promote equal
18 opportunity for all State residents in every aspect of
19 agency personnel policy and practice. For purposes of
20 these affirmative action plans, the race and national
21 origin categories to be included in the plans are:
22 African American, Hispanic or Latino, Native American,
23 Asian, and any other category as required by Department
24 rule. This plan shall include a current detailed status
25 report:
26 (a) indicating, by each position in State
27 service, the number, percentage, and average salary
28 of individuals employed by race, national origin,
29 sex and disability, and any other category that the
30 Department may require by rule;
31 (b) identifying all positions in which the
32 percentage of the people employed by race, national
33 origin, sex and disability, and any other category
34 that the Department may require by rule, is less
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1 than four-fifths of the percentage of each of those
2 components in the State work force;
3 (c) specifying the goals and methods for
4 increasing the percentage by race, national origin,
5 sex and disability, and any other category that the
6 Department may require by rule, in State positions;
7 (d) indicating progress and problems toward
8 meeting equal employment opportunity goals,
9 including, if applicable, but not limited to,
10 Department of Central Management Services
11 recruitment efforts, publicity, promotions, and use
12 of options designating positions by linguistic
13 abilities;
14 (e) establishing a numerical hiring goal for
15 the employment of qualified persons with
16 disabilities in the agency as a whole, to be based
17 on the proportion of people with work disabilities
18 in the Illinois labor force as reflected in the most
19 recent decennial Census.
20 (4) If the agency has 1000 or more employees,
21 appoint a full-time Equal Employment Opportunity officer,
22 subject to the Department's approval, whose duties shall
23 include:
24 (a) Advising the head of the particular State
25 agency with respect to the preparation of equal
26 employment opportunity programs, procedures,
27 regulations, reports, and the agency's affirmative
28 action plan.
29 (b) Evaluating in writing each fiscal year the
30 sufficiency of the total agency program for equal
31 employment opportunity and reporting thereon to the
32 head of the agency with recommendations as to any
33 improvement or correction in recruiting, hiring or
34 promotion needed, including remedial or disciplinary
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1 action with respect to managerial or supervisory
2 employees who have failed to cooperate fully or who
3 are in violation of the program.
4 (c) Making changes in recruitment, training
5 and promotion programs and in hiring and promotion
6 procedures designed to eliminate discriminatory
7 practices when authorized.
8 (d) Evaluating tests, employment policies,
9 practices and qualifications and reporting to the
10 head of the agency and to the Department any
11 policies, practices and qualifications that have
12 unequal impact by race, national origin as required
13 by Department rule, sex or disability or any other
14 category that the Department may require by rule,
15 and to assist in the recruitment of people in
16 underrepresented classifications. This function
17 shall be performed in cooperation with the State
18 Department of Central Management Services.
19 (e) Making any aggrieved employee or applicant
20 for employment aware of his or her remedies under
21 this Act.
22 In any meeting, investigation, negotiation,
23 conference, or other proceeding between a State
24 employee and an Equal Employment Opportunity
25 officer, a State employee (1) who is not covered by
26 a collective bargaining agreement and (2) who is the
27 complaining party or the subject of such proceeding
28 may be accompanied, advised and represented by (1)
29 an attorney licensed to practice law in the State of
30 Illinois or (2) a representative of an employee
31 organization whose membership is composed of
32 employees of the State and of which the employee is
33 a member. A representative of an employee, other
34 than an attorney, may observe but may not actively
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1 participate, or advise the State employee during the
2 course of such meeting, investigation, negotiation,
3 conference or other proceeding. Nothing in this
4 Section shall be construed to permit any person who
5 is not licensed to practice law in Illinois to
6 deliver any legal services or otherwise engage in
7 any activities that would constitute the
8 unauthorized practice of law. Any representative of
9 an employee who is present with the consent of the
10 employee, shall not, during or after termination of
11 the relationship permitted by this Section with the
12 State employee, use or reveal any information
13 obtained during the course of the meeting,
14 investigation, negotiation, conference or other
15 proceeding without the consent of the complaining
16 party and any State employee who is the subject of
17 the proceeding and pursuant to rules and regulations
18 governing confidentiality of such information as
19 promulgated by the appropriate State agency.
20 Intentional or reckless disclosure of information in
21 violation of these confidentiality requirements
22 shall constitute a Class B misdemeanor.
23 (5) Establish, maintain and carry out a continuing
24 sexual harassment program that shall include the
25 following:
26 (a) Develop a written sexual harassment policy
27 that includes at a minimum the following
28 information: (i) the illegality of sexual
29 harassment; (ii) the definition of sexual harassment
30 under State law; (iii) a description of sexual
31 harassment, utilizing examples; (iv) the agency's
32 internal complaint process including penalties; (v)
33 the legal recourse, investigative and complaint
34 process available through the Department and the
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1 Commission; (vi) directions on how to contact the
2 Department and Commission; and (vii) protection
3 against retaliation as provided by Section 6-101 of
4 this Act. The policy shall be reviewed annually.
5 (b) Post in a prominent and accessible
6 location and distribute in a manner to assure notice
7 to all agency employees without exception the
8 agency's sexual harassment policy. Such documents
9 may meet, but shall not exceed, the 6th grade
10 literacy level. Distribution shall be effectuated
11 within 90 days of the effective date of this
12 amendatory Act of 1992 and shall occur annually
13 thereafter.
14 (c) Provide training on sexual harassment
15 prevention and the agency's sexual harassment policy
16 as a component of all ongoing or new employee
17 training programs.
18 (6) Make adverse impact determinations in
19 accordance with rules adopted by the Department before
20 effecting any layoffs. Layoffs of individuals in a
21 category determined by the Department under this Section
22 for affirmative action purposes shall not occur if a
23 determination is made that the layoffs would have an
24 adverse impact on the percentage of individuals in that
25 category in the agency's work force.
26 As used in this subsection (B), "disability" shall be
27 defined in rules promulgated under the Illinois
28 Administrative Procedure Act.
29 (C) Civil Rights Violations. It is a civil rights
30 violation for any public contractor or eligible bidder to:
31 (1) fail to comply with the public contractor's or
32 eligible bidder's duty to refrain from unlawful
33 discrimination and discrimination based on citizenship
34 status in employment under subsection (A)(1) of this
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1 Section; or
2 (2) fail to comply with the public contractor's or
3 eligible bidder's duties of affirmative action under
4 subsection (A) of this Section, provided however, that
5 the Department has notified the public contractor or
6 eligible bidder in writing by certified mail that the
7 public contractor or eligible bidder may not be in
8 compliance with affirmative action requirements of
9 subsection (A). A minimum of 60 days to comply with the
10 requirements shall be afforded to the public contractor
11 or eligible bidder before the Department may issue formal
12 notice of non-compliance.
13 (Source: P.A. 88-498; 89-370, eff. 8-18-95.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.